How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask michael holly Your Own Question
michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 7361
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
12609314
Type Your Employment Law Question Here...
michael holly is online now

We have a senior employee who has been on term disability

This answer was rated:

We have a senior employee who has been on long term disability benefit for the last for the last 5 years with terminal cancer although her specialist recently advised us that is leading a near normal lifestyle between her 3 weekly chemo sessions. . During this time the company has downsized substantially to only 9 full time employees. Her management role and merchandising background have nor existed for several years and we have tried to see if any of her skills could be used in our existing work for the occasional hours she says she is able to work. She has recently advised us that she may be able to come to the office on one day a month. The Company i
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: I am covering the day to day hr role alongside the accounts function but we now need to seek legal help to take the redundancy route and are looking for someone to assist us.
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does she belong to a union?
Customer: Employee who started working for us a few months before the diagnosis
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She has had a lump sum critical illness payment on diagnosis and long term disability benefit of 75% salary with Private Medical Insurance although her current treatment is under the NHS

Good evening

 

There is no reason whatsoever that you cannot make her redundant notwithstanding her illness.

The company is downsizing and that is a matter of reality.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

michael holly and other Employment Law Specialists are ready to help you